Ramesh P.G vs The Manager
2021 Latest Caselaw 11133 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.6519 OF 2021(L)


PETITIONER:

               RAMESH P.G
               AGED 54 YEARS
               S/O. GOPALA BAKTHAN, PULIYELATHU HOUSE,
               KOZHENCHERRY P.O, PATHANAMTHITTA DISTRICT-689 641

               BY ADVS.
               SRI.JAMES ABRAHAM
               SRI.P.BALAN (VYTTILA)

RESPONDENTS:

      1        THE MANAGER, HDFC BANK
               ABAN ARCADE, PATHANAMTHITTA BRANCH,
               PATHANAMTHITTA-689 645

      2        THE MANAGER,
               HDFC CARD DIVISION,#8, L.B. ROAD,
               THIRUVANMAYUR, CHENNAI-600041

      3        BANKING OMBUDSMAN,
               HDFC BANK, CORDIAL RESIDENCY TOWERS,
               OPPOSITE KURUPS LANE, SASTHAMANGALAM,
               THIRUVANANTHAPURAM-695 010

               BY ADV. SRI.PREMCHAND M.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6519 OF 2021(L)

                                           2




                             J U D G M E N T

The grievance of the petitioner is over the delay in

passing orders by the Banking Ombudsman with respect to

appropriation of the credit card towards insurance for

which petitioner did not submit any request. Ext.P3

complaint was submitted as early as on 16.10.2020. Ext.P3

complaint has been followed by Ext.P6 reminder.

Therefore there shall be a direction to the Banking

Ombudsman to consider and pass orders on Ext.P3 complaint

in accordance with law after affording an opportunity of

hearing to the petitioner as well as respondents 1 and 2,

within a period of 'three months' from the date of

receipt of a copy of the judgment. Petitioner shall

furnish a copy of judgment before the Banking Ombudsman.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.6519 OF 2021(L)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PRINTOUT OF THE MESSAGE RECEIVED ON 25.09.2020 IN THE PETITIONER'S MOBILE PHONE.

EXHIBIT P2 TRUE COPY OF THE CREDIT CARD STATEMENT DATED 19.8.2020.

EXHIBIT P3 TRUE COPY OF COMPLAINT DATED 16.10.2020 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECEIPT NO. 967793 DATED 16.10.2020.

EXHIBIT P5 TRUE COPY OF THE STATUS REPORT SHOWING THAT THE ARTICLES DELIVERED ON 19.10.2020.

EXHIBIT P6 TRUE COPY OF THE REMINDER LETTER DATED 28.12.2020 SEND BY THE PETITIONER TO THE 3RD RESPONDENT.